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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Brazoria County Municipal |
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Utility District No. 40; providing authority to impose taxes and |
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fees and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8450 to read as follows: |
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CHAPTER 8450. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 40 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8450.001. DEFINITION. In this chapter, "district" |
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means the Brazoria County Municipal Utility District No. 40. |
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Sec. 8450.002. NATURE AND PURPOSES OF DISTRICT. (a) The |
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district is a municipal utility district created under Section 59, |
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Article XVI, Texas Constitution. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8450.051. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8450.052. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8450.053. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8450.054. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 8450.101. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds |
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or other obligations payable wholly or partly from ad valorem |
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taxes, impact fees, revenue, contract payments, grants, or other |
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district money, or any combination of those sources, to pay for a |
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road project authorized by Section 8450.053. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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(c) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance road |
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projects and payable from ad valorem taxes may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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Sec. 8450.102. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board of the district shall provide for the annual imposition of a |
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continuing direct ad valorem tax, without limit as to rate or |
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amount, while all or part of the bonds are outstanding as required |
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and in the manner provided by Sections 54.601 and 54.602, Water |
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Code. |
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SECTION 2. Brazoria County Municipal Utility District No. |
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40 retains all rights, powers, privileges, authorities, duties, and |
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functions that it had before the effective date of this Act. |
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SECTION 3. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Brazoria County Municipal |
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Utility District No. 40 that were taken before the effective date of |
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this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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